HomeMy Public PortalAboutSupporting DocsCOMMISSIONERS
WILLIAM E KOCH, JR. Mayor
JOAN K. ORTHWEIN, Vice Mayor
FRED B. DEVITT III
ROBERT W. HOPKINS II
WILLIAM A. LYNCH
May 31, 2002
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Attorney John Randolph
Jones, Foster, Johnston & Stubbs, P.A.
P. o. Box 3475
West Palm Beach, Florida 33402-3475
Dear Counselor:
Tdiphone
(561)276-5116
Fax
(561) 737-0166
Town Manager
WILLIAM H. THRASHER
Torm Clerk
RITA I_ TAYLOR
We have your letter regarding your File No. 13147.1, the Leve-
--3 Architectural/Site Plan Review with Variance for the Gulf
Stream School.
I spoke to Bill Thrasher regarding whether or not the
Agreement needs to be amended. We both agree with you
another amendment is not necessary as a result of this
hearing.
Thanks for you help as usual.
Very truly yours,
P�A
Rita L. Taylor
Town Clerk
Developer's
that
last
JONES
FOSTER
JOHNSTON
& STUBBS, P.A.
Attorneys and Counselors
John C. Randolph, Esquire
Direct Dial: 561-650-0458
Direct Fax: 561-650-0435
E -Mail: jrandolph@jones-foster.com
May 23, 2002
Ms. Rita Taylor
Town Clerk
Town of Gulf Stream
100 Sea Road
Gulf Stream Florida 33483
Flagler Center Tower, Suite 1100
505 South Flagler Drive
West Palm Beach, Florida 33401
Telephone(561)659-3000
Mailing Address
Post Office Box 3475
West Palm Beach, Florida 33402-3475
Facsimile (561) 832-1454
VIA FAX: 737-0188
Re: Town of Gulf Stream
Gulf Stream School
Approved Application for Level 3 Architectural/Site Plan Review with Variance
Our File No. 13147.1
Dear Rita:
Although the above referenced application was approved by the Commission subject to
certain conditions, one of which is that the Developer's Agreement be amended to
reflect the application if approved, I am wondering whether the Developer's Agreement
really needs an amendment. I am not sure that there is anything in the approval that is
inconsistent with what is contained within the Developer's Agreement. If, after review,
you and Bill feel that there is a specific need to amend the Developer's Agreement,
please advise as to what those amendments would be and I would be happy to
incorporate them within an amendment.
Sincerely,
JONES,FO ER, JOHNSTON
n C. Randolph
JCR/ssm
& STUBBS, P.A.
IVO rk : Tti i s' Wo t -Y W as . NepeI-
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AGREEMENT
THIS AGREEMENT made this 25th day of April, 1997 by and between the Town of
Gulf Stream, a Florida municipal corporation, 100 Sea Road, Gulf Stream, Florida 33483, hereinafter
("TOWN'), and Gulf Stream School, Inc.,, a Florida corporation not for profit, 3600 Gulf Stream
Road, Gulf Stream, FL 33483, hereinafter ("GSS").
WITNESSETH:
WHEREAS, GSS is the owner of a parcel of land located at the street address of 3600 Gulf
Stream Road, Gulf Stream, Florida 33483, known as Gulf Stream School; and
WHEREAS, GSS is desirous of constructing 8" D.I.P. Water Main across State Road A -1-A;
and
WHEREAS, GSS has applied for Florida Department of Transportiation Utility Permit for
a Jack and Bore and Subsequent construction of the new 8" D.I.P. Water Main across State Road
A -1-A hereinafter referred collectively as "The Improvements"; and
WHEREAS, the Florida Department of Transportation requires the Town to be the
"permitee";and
WHEREAS, Town has agreed to execute the permit application; and
WHEREAS, The Improvements will be dedicated to the TOWN after completion of the
construction; and
NOW, THEREFORE, in consideration of the mutual promises contained herein and other
good and valuable consideration, the receipt of which is hereby acknowledged by both parties, the
TOWN and GSS agree as follows:
1. The premises to this Agreement are true and correct, and are hereby incorporated into
the body of this Agreement.
2. GSS will receive all permits necessary to install and construct The Improvements.
3. In recognition of the policy of the TOWN to require indemnification by the party
doing the construction work GSS hereby agrees to indemnify, save, defend, and hold harmless the
TOWN for any and all damage that may arise from construction pursuant to the State of Florida
Department of Transportation Utility Permit for a Jack and Bore and/or subsequent construction of
the new 8" D.I.P Water Main across State Road A -1-A.
4. Upon completion of the construction GSS pursuant to the above referenced permits,
GSS will dedicate to the TOWN The Improvements. Notwithstanding anything to the contrary
contained herein, upon the dedication to the TOWN of the pipe by GSS this indemnification will be
null and void and of no further force and effect.
5. This Agreement shall be governed by the laws of the State of Florida, and the venue
for any litigation which may arise from this Agreement shall be in the Fifteenth Judicial Circuit, Palm
Beach County, Florida.
6. This Agreement constitutes the entire agreement between the TOWN and GSS. This
Agreement shall not be amended or changed, except by a written instrument signed by both parties
hereto.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and
year written hereinabove.
Town of Gulf Stream, a Florida municipal
corpo tion
By-
illiara J. -Koch, Jr., Mayor
ATTEST:
Rita L Taylor Town Clerk
Gulf Stream School, Inc., a Florida corporation
not for profit
By: _
ames Orthwein, its President
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
John Randolph, Town Attorney
COMMISSIONERS
WILLIAM F. KOCH, JR., Mayor
ALAN I. ARMOUR, Vice Mayor
JAMES E. CROSS
JOAN K ORTHWEIN
Robert W. Hopkins II
STATE OF FLORIDA )
COUNTY OF PALM BEACH)
TOWN OF GULF STREAM )
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
u • I144
Telephone
(407) 276-5116
Fax
(407) 737-0186
Town Manager
E SCOTT HARRINGTON
Town Clerk
RITA L TAYLOR
BEFORE ME THIS DAY PERSONALLY APPEARED WILLIAM F. KOCH, JR., WHO BEING
DULY SWORN, DEPOSES AND SAYS:
THAT THE PERSON(S) OR COMPANY OR FIRM LISTED BELOW HAVE THE
CONSENT OF THE TOWN OF GULF STREAM TO REPRESENT THE TOWN AS
IT'S AGENT FOR THE PURPOSE OF OBTAINING ALL NECESSARY PERMITS
FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR A JACK AND
BORE PROJECT AND SUBSEQUENT INSTALLATION OF AN EIGHT (8) INCH
DIP WATER MAIN UNDER STATE ROAD AlA AS NECESSARY TO PROVIDE
WATER SERVICE TO THE GULF STREAM SCHOOL THAT IS LOCATED AT
3600 GULF STREAM ROAD IN GULF STREAM, FLORIDA.
PERSON(S) NAME:
Ruhl
COMPANY OR FIRM NAME: Gator Engineering Services, Inc.
AGENT'S ADDRESS: 200 Knuth Road
ton Beach, Florida
AGENT'S PHONE: 561-736-7047
FURTHER AFFIANT SAYETH NOT.
SWORN TO AND SUBSCRIBED BEFORE ME THIS
MY COMMISSION
W".1 L.
i }
I
�Y�
L
iIl`iaM FI. Koch,'Jr., Mayor
25th DAY OF April 1997.
FLORIDA 33483
to L. Taylor
Regular Meeting & Public Hearing
Town Commission -November 14, 1997 page 2
r All of these dates were confirmed by the Commissioners after being
announced by Mayor Koch.
r
VII. Reports,
A. Town Manager
,/With regard to the completion of improvements to the Gulf Stream School,
Town Manager Garrison advised that her analysis indicates that the
intent and general conditions of the Developer's Agreement have been met
insofar as the required site improvements have been completed, including
landscaping, drainage, traffic control strategies, and allowances for
significantly more parking. She further advised that in the course of
dealing with building code requirements and site constraints during
construction, a few adjustments have been made to the site improvement
and landscaping plans for the project as outlined in her memorandum in
the meeting package. For example: 1) The handicapped entrance ramp
associated with the auditorium/stage area has been modified to comply
with building code requirements. 2) The new 6" water line that was
planned was deleted due to the Delray Fire Department determining that
increased water flow was not required for fire suppression purposes.
Detail of these modifications is a part of the project file.
Town Manager Garrison explained that the handicapped ramp is not yet
completed. A Completion Agreement is on file making the issuance of a
C.O. contingent upon the completion of the handicapped ramp.
Commissioner Lynch moved and Commissioner Orthwein seconded to confirm
that the terms of the developer's agreement have been met, with the
modifications presented, as they pertain to construction of the field
house and auditorium renovations. Roll Call: Comm. Orthwein; AYE,
Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE.
James Orthwein, President of the Gulf Stream School Foundation,
questioned if this approval included the alterations to the handicapped
ramp and the enlargement of the dumpster area that are yet to be
completed.
Town Manager Garrison advised that the completion of these items will be
handled administratively.
1. Yake Property -Delray Commission Hearing on 11-18-97
The Town Manager reported that on November 4, 1997, the Delray Beach
City Commission passed on first reading an ordinance rezoning the Yake
Property from Low Density Residential (3-6 units per acre) to Medium
Density Residential (RM)(6-12 units per acre) with a 3-2 vote. She
further reported that subsequent to the October Commission meeting, the
applicant offered a density cap("suffix") of 8 units per acre and that
the application has formally been amended to include this limitation.